Can you be dismissed fairly for not wearing a face mask whilst working?




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As noted in Kubilius v Kent Foods Ltd ET/3201960/2020.

Yes, you can be dismissed fairly for not wearing a face mask at work.

In this case a driver undertaking deliveries was found by an Employment Tribunal to be dismissed fairly for his refusal to wear a face mask inside his cab while delivering to a supplier during the UK’s initial Covid-19 lockdown.

The East London Hearing Centre ruled that Kent Foods Limited had lost confidence in their delivery driver Deimantas Kubilius’ future conduct after his refusal to wear a face mask which resulted in him being  banned from a supplier’s site.

The landmark ET case held that while Kubilius was not at the time aware of his requirement to wear a mask inside his cab, his, “continued insistence” that he had done nothing wrong and his, “lack of remorse” made the employer’s decision to dismiss a fair and reasonable response. The judge commented, it was, “not feasible for the claimant to continue in his contractual role” because of the ban.

 Experts,  ELHR Ltd. are happy to assess if your company is compliant – fill in our contact form for a free initial consultation should you require further  assistance.  Please call us now on 01788 432077 for an initial free consultation.


ELHR Ltd. are Employment Lawyers & Human Resources Consultants.  We’re experts who can help you to keep up to date with legislative changes, apply statute and the latest case law precedents to your business. We limit the risk of litigation & help you & your business with best practice to ensure you gain the best you can from your team. 

For employers, we’re your 1 stop for HR & underwrite the employment law risk as long as you follow our advice*.


For employees & workers, we undertake a merits assessment to evaluate whether they are likely to succeed in a claim against your employer.  ELHR Ltd. can evaluate whether there is a reasonable prospect of success. 

We pride ourselves in being ethical and honest, in our approach.   


Contact us now for an Initial Free Consultation.  Fill in our online form, or call us on 01788 432077. 



What should companies be doing?

Being flexible as an employer is paramount given the unprecedented COVID-19 pandemic circumstances, therefore, if issues arise at work, don’t let them get out of hand. Call us for an initial free consultation, we’d be happy to assist you in any issues you’re facing. 

ELHR Ltd. are here to help and can assist in pointing you in the right direction.

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At ELHR, we work with you to create a culture that limits the risk of litigation through staff engagement surveys, change management during uncertain times, and succession planning. Looking to prepare for problems in order to avoid running into them.

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